Fanny Coudert

In The Aftermath of the Promusicae Case: How to Strike the Balance?

Copyright societies are currently pushing for increased private enforcement of intellectual property rights on the Internet, in particular by trying to involve Internet Service Providers (ISPs) in their combat against copyright infringements, and by pushing for new legislative mechanisms. This raises serious legal problems and questions both in terms of the protection of users’ privacy, their right to a fair trial, and the liability of ISPs. This article discusses the difficult task of balancing copyright interests and fundamental rights as debated in the Promusicae case.

Privacy by Design: From Research and Policy to Practice – the Challenge of Multi-disciplinarity

The concept of Privacy by Design (PbD) is a vision for creating data-processing environments in a way that respects privacy and data protection in the design of products and processes from the start. PbD has been inspired by and elaborated in different disciplines (especially law and computer science). Developments have taken place in research and policy, with the General Data Protection Regulation to be adopted by the European Parliament in 2016 and to enter into force in 2018. It is now time to use the results for practical guidance on how to achieve the goals defined by the legislation. In this paper, we summarise lessons learned from the special session on Multidisciplinary Aspects of PbD organised at the Annual Privacy Forum 2015. In particular, we identify important current and future implementation challenges of PbD. These are: terminology, legal compliance, different disciplines’ understandings, the role of the data protection officer, the involvement of all stakeholders, and education. We conclude by emphasising the importance of approaching PbD in an interdisciplinary way.

Privacy Settings in Social Networking Sites: Is It Fair?

The present paper examines privacy settings in Social Networking Sites (SNS) and their default state from the legal point of view. The analysis will be conducted on the example of Facebook as one of the most popular –and controversial- SNS and one of the most active providers constantly amending its privacy settings. The paper will first present the notion of privacy settings and will explain how they can contribute to protecting the privacy of the user. Further on, this paper will discuss the general concerns expressed by users and data protection authorities worldwide with regard to the changes of Facebook’s privacy settings introduced in February 2010. Focus will be put on the implementation of the fairness principle in SNS. This principle implies that a person is not unduly pressured into supplying his data to a data controller, and on the other hand that the processing of personal data is transparent for the data subject.

Towards a Multidisciplinary Framework to Include Privacy in the Design of Video Surveillance Systems

Privacy impacts of video surveillance systems are a major concern. This paper presents our ongoing multidisciplinary approach to integrate privacy concerns in the design of video surveillance systems. The project aims at establishing a reference framework for the collection of privacy concepts and principles, the description of surveillance contexts, surveillance technologies, and accountability capabilities.

Data Protection in the Third Pillar: In the Aftermath of the ECJ Decision on PNR Data and the Data Retention Directive

Abstract The data protection directive regulated the issue of processing of personal data, excluding from its field of application activities that relate to police and judicial cooperation in criminal matters. The terrorist attacks of 2001 and the bombings in Madrid and London have given a new impulse to political interest in police cooperation throughout the European Union and its regulation in order to ensure greater efficiency. As a response, the European Commission presented in October 2005 a Draft Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. Numerous drafts have been prepared thereafter, but no consensus has been yet reached (August 2007). In our paper we will present the current developments at European level for the regulation of the issue of data protection in the third pillar and we will analyse the main principles that should be applied in order to ensure a coherent data protection framework, which will pay due respect to the fundamental rights of the citizens, and especially the right to privacy and data protection on one hand, and the safeguards for an effective law enforcement system on the other.

Accountable Surveillance Practices: Is the EU Moving in the Right Direction?

The European Union is introducing into the Data Protection Package a new data protection principle, the principle of accountability. Data controllers will be compelled to adopt policies, organizational and technical measures to ensure and be able to demonstrate compliance with the legal framework. The expected benefits are threefold: to foster trust in personal data management practices of data controllers, to increase visibility of personal data processing activities and to raise data controllers’ privacy awareness. Surveillance practices, because of their inherent opacity, could greatly benefit from reinforced accountability obligations to gain public’s trust. This paper critically analyses whether the policy options taken by the European Union to operationalise the principle of accountability are likely to meet this goal.

Intelligent Video Surveillance Networks: Data Protection Challenges

Video surveillance techniques are evolving from static and passive cameras documenting events to dynamic and preventive networks. Two trends lead this change: the shift towards wireless IP systems and the emergence of video analytics. The former allows for flexible networks, massive customization whereas the later comes to solve the problem of increase network complexity. This evolution brings however new threats for individual freedoms, challenging in particular the application of data protection safeguards. This paper takes the prototype developed by DYVINE project as example for the next generation of video surveillance networks and analyses its potential threats from a data protection standpoint.

SALT frameworks to tackle surveillance and privacy concerns

This paper elaborates on the need to take into account the different views of the stakeholders involved in the development of surveillance systems and civil society, during the design process. It first provides an overview on privacy-by-design approaches. It then identifies three principles essential to integrate privacy concerns into the design of surveillance systems. It consequently proposes a design process based on social-contextual, ethical, legal and technical frameworks (SALT) and the challenges for its creation and use. It finally provides a specification of a resulting SALT framework management tool based on modelling techniques.

Limits and challenges of the expanding use of covert CCTV in the workplace in Spain – beyond jurisprudential analysis

This paper analyzes the expanding use of legitimate covert CCTV in the workplace in Spain. By examining the recent evolution of the jurisprudence in that field, we focus on the legal reasons that support court decisions from 2000 to the present and add some criminological and ethical perspectives to better comprehend not only the legal rationale, but also some other collateral effects that employers should take into account in implementing covert surveillance. We conclude that verification of a previous objective pattern of risk involving criminal behavior is crucial for ceding the general principles on respecting privacy. The central argument involves the exceptional case an employer may find when there is a continuous situation and the only way to stop it is by discovering the wrongdoers in action. The paper shows the method for further research and a more detailed rationale for improving legal and decision-making analyses in this field.

The Fight Against Piracy in Peer-to-Peer Networks: the Sword of Damocles Hanging over ISP’s Head?

During the past few years, copyright holders and holders of related rights have started to legally challenge peer-to-peer networks. Their latest strategy consists of trying to actively involve Internet service providers (ISPs) in this combat, e.g. through the implementation of filters. This development raises legal problems and questions both in terms of the liability of ISPs and the protection of privacy of their clients. This chapter discusses the difficult task of balancing copyright interests and fundamental rights which as the European Court of Justice clearly stated in the Promusicae case remains a matter of Member States.